Section 25-43-303 - Secretary of the Department of Commerce - Definition(a) The executive head of the Department of Commerce shall be the Secretary of the Department of Commerce.(b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.(c) Each division of the Department of Commerce shall be under the direction, control, and supervision of the secretary, unless otherwise provided by law.(d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the Department of Commerce as he or she shall deem desirable and necessary for the effective and efficient operation of the Department of Commerce.(e) The secretary may, unless otherwise provided by law:(1) Hire Department of Commerce personnel;(2) Perform or assign duties assigned to the Department of Commerce; and(3) Be appointed as the director or the administrative or executive head of any state entity under the administrative control of the Department of Commerce if the secretary also meets all statutory requirements for the position.(f)(1) If the secretary meets all statutory requirements for the respective position, the secretary may serve as the interim or acting: (A) Insurance Commissioner;(B) Bank Commissioner; or(C) Securities Commissioner.(2) The secretary cannot be permanently appointed to any of the positions listed in subdivision (f)(1) of this section.(g)(1) The secretary shall delegate the authority to hire employees and to make employment contracts for work performed to the following officers for their respective departments: (A) The Insurance Commissioner;(B) The Bank Commissioner; and(C) The Securities Commissioner.(2) The State Insurance Department, State Bank Department, and State Securities Department shall be subject to all executive orders by the Governor instituting a hiring freeze or restriction applicable to all cabinet-level departments.(3) When exercising his or her duties, the secretary shall work in consultation with the following officers with regard to their respective departments:(A) The Insurance Commissioner;(B) The Bank Commissioner; and(C) The Securities Commissioner.(4) As used in subdivision (g)(3) of this section, "consultation" means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent.(h)(1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the Department of Commerce.(2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.Amended by Act 2021, No. 413,§ 2, eff. 7/28/2021.Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.